Appearance

Abstract

An appearance is the procedure used by the defendant to inform the plaintiff that he or she intends to defend the proceedings. In Queensland, an appearance is known as a Notice of Intention to Defend. In the Australian Capital Territory, it is called a Notice of Intention to Respond. Appearances can be of two types, though both types are not available in all jurisdictions. An unconditional appearance acknowledges the court's jurisdiction and waives any irregularity in service or commencement of proceedings. This is the most commonly used form of appearance. The other form of appearance is a conditional appearance. Conditional appearances do not waive procedural irregularities, but preserve arguments based on lack of jurisdiction and other irregularities. In the event that an appearance is not entered, the defendant is at risk of a default judgment being entered against him or her. Appearances have been abolished in South Australia in favour of filing a Notice of Address for Service (Forms 7, 8). In New South Wales (r 6.11) and the Australian Capital Territory (r 106 - Notice of Intention to Respond), an appearance can be used by a defendant to submit to the orders of the court (with the option, except as to costs) and take no part in the proceedings.